Laserfiche WebLink
1 $.4 NO ?..DDITIONAL WAIVER Ev[PLT~.D BY ONT WAZv~R. If any a~eement <br />contained in this Master Agreement'is breached by the Developer and thereafter, waived in <br />writing by the City, such waiver shall be limited to the particular breach so waived and shall not' <br />be deemed to waive any other concurrent, previous or subsequent breaches hereunder. <br /> <br /> 15.5 EXCLUSIVE 1LEMEDfES. The remedies set forth in Sections t $. 1, 15.2 and <br />l~.o are exclusive. <br /> <br /> 15,6 EMERGENCY, IfDeveioper's default creates an imminent threat to life, safety, <br />or health of the public, the City, without affirmative du~ to do so, may proceed immediately to <br />cure the default and thereafter proceed purskant to the provisions of, Section 15.1 (e). <br /> <br /> 15.7 AGtLEE~NT TO PAY ATTOP~NTYS' FEES ,AND EXPENSES. Whenever <br />My default occurs mid We Ci~ shah employ attorneys or incur other expenses for the collection <br />of payments due or to become due or for the enforcement or pedormance or observance of any <br />obligation or a_m-eement on the part of the Developer herein contained, the Developer agrees that <br />it shall, on demand therefor, pay to the CiD' the reasonable fees of' such attorneys and such other <br />expenses so Nc,an'ed by the City., un_less the Deveioper prevails in any proceeding related to such <br />default, ,:n wkich event the City. a~ees, on demand therefor, to pay, to the Developer the <br />reasonable fees of attorneys and ocher expenses incurred by the Developer. If the City defaults <br />under this Master Ageement, the CiV shall, on demand therefor, pay to the Developer the <br />reasonable attorneys' fees and other expenses related thereto incurred by the Developer, un.less <br />the CiD' prevails m any proceeding related to such default, in which event the Developer agrees, <br />on demand therefor, to pay to .the City.. the reasonable fees of attorneys and other expenses <br />incurred by the Ci~'. <br /> <br /> ~ZLT!CLE t6 <br />MIS CELL~NEOUS <br /> <br /> 16.1 NO THIRD P32RTY RECOURSE OR KIGHTS. Third pa~es shall have no <br />recourse or ri~ats render this Master Agreernem agains: the City or the Developer. <br /> <br /> i6.2 CITY O%%TD PROPERTY. The City's execution of.this Master A~eement is <br />aisc intended to subject the City Propmwy to the tenms of this Master Agreement. <br /> <br /> 16.3 RECORDLhqG. The Developer must record this Master A~eement or a <br />memorandum summary hereof with the County Recorder and/or Regisn'ar of Titles, as <br />appropriate, prior to Or contemporaneously with the recording of the Master Final Plat. The City <br />shall execute any and ail documents necessary to implement the recording. <br /> <br /> 16.4 BENrDEN'G AGREEMENT. The parties mumaily recognize and ogee that, subject <br />to Section 14, ail ~e:wns and conditions of this Master Agreement shall ran with the Subject <br />Property, and shall be binding upon the successors and assigns of the Developer and the City. <br /> <br /> i6.5 WAYvTR. A~ny party hereto may extend the time for the performance of'any of <br />the obiigafions of another, waive any inaccuracies in representations by another contained in this <br />Master Agreement which inaccuracies would othe:'wise constitute a breach of rNs Master <br />A~eement, waive compliance by another with any of the covenants contained in this Master <br /> <br /> <br />